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Allan L. Kaminsky wrote:
> Kind of makes you wonder about product liability. A product sold for the
> express purpose of trading is unable to protect the user from common
> occurrences (not unforeseen acts of nature). Is there product liability
> if the user then suffers losses as a result of the poor engineering of
> the product? In many other areas, the manufacturer would be at great
> risk (aircraft manufacturers, etc.).
First, we need to make the distinction between being injured by the faulty
design of a product, and merely failing to be advantaged. In the first case,
there may be liability if the injury was forseeable, negligence can be proven,
and it led to discernable damages. The second case is a matter of product
quality. Many products or services could be improved, but it is not the legal
responsibility of the supplier to provide them, as long as it is not
misrepresented. At most, there may be a warrantee issue here, whereby one may
have a claim for a refund. The "bad tick correction" would not even fit this,
though, IMO. The products make no claims to be able to resolve these quirks,
they are not directly responsible for the errors, and potential problems
encountered with them are not significant enough to render the software unfit
for its stated purpose. I'm not trying to trivialize these incidents, but
this is a matter of customer goodwill and not legal liability.
As a trader, I'd love to see a utility built into TS which automatically
deletes bad ticks, which would be a meaningful improvement. What I'd really
like to see, though, is a 32 bit platform. The present program has such an
insatiable appetite for memory that I'm considering upgrading my RAM to 1GB
from 256MB, and I wonder if even this will be enough.
Overall, though, I don't think Omega has been too unresponsive to customer
needs, although we as users need to keep them honest.
Regards,
A.J.
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